Orders of protections are now being abused for the unlawful gains of others who are destroying the lives of the innocent. Anyone is able to file a restraining order, simply based on hearsay and nothing more. Restraining order cases are the only cases where a judge will rule without any evidence, and with or without the accused present to defend themselves, which is against a person's constitutional rights. The Laws of the states were not put in place to be abused by the vindictive and revengeful, they should be utilized by those who need them and that is why the basis to receive an order of protection needs to be changed. An accuser should have to provide liable evidence and an order should never be granted without the accused present to defend their side. Once an order has been granted, even if it is vacated it cannot be removed from your record, therefore forever damaging your name. We need to put a stop to the abuse of orders of protection, and start protecting the innocent.
- The Supreme Court
For the review and repeal of orders of protections, making them harder to obtain thus preventing further abuse. An accuser must present evidence upon filing an order other than word of mouth, orders of protections need to be properly served and should not be recognized as being served via publication, and if an order is legally vacated a citizen should have the right to remove the order permanently from their record. A Respondent must always have the right to a fair trial, and no order should ever be granted without a respondent fulfilling the constitutional right to defend themselves. Also, Rights and issues regarding custody or shared parenting of a child/children should never be ruled through an order of protection. How this law stands, it is set up for the extensive abuse throughout the country and this needs to change.
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